- The Canadian Human Rights Tribunal ("the Tribunal") has issued a third compliance order finding Canada's approach to Jordan's Principle to be unlawful and discriminatory. In a decision released today, the Tribunal concludes that little has changed since its January 2016 ruling that found Canada to be racially discriminating against 165,000 First Nations children. Today's ruling finds that the current government has adopted the same approach to Jordan's Principle as the former government in 2009-2012, resulting in unnecessary and unlawful bureaucratic delays, gaps and denial of essential public services to First Nations children. Despite frequent good-will statements by the Ministers of Health Canada and Indigenous and Northern Affairs Canada ("INAC"), the Tribunal found that the federal government has failed to comply with even the simplest part of the January 2016 decision, which ordered Canada to immediately adopt a broad definition of Jordan's Principle.

In the words of the Tribunal, "the definition of Jordan's Principle adopted by Canada was a calculated, analyzed and informed policy choice based on financial impacts and potential risks rather than on the needs or the best interests of First Nations children, which Jordan's Principle is meant to protect and should be the goal of Canada's programming" (para. 55). The Tribunal notes that even the urgent request of the Wapakeka First Nation, which demonstrated the existence of a suicide pact within the community, was not addressed in a timely manner and two children died by suicide.

In response to today's decision, Dr. Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society ("Caring Society"), is calling on Prime Minister Trudeau to intervene to ensure the Tribunal's orders are finally met: "It is vital that the Prime Minister personally intervene to ensure INAC and Health Canada fully comply with Jordan's Principle. Today's ruling includes evidence from the Tribunal hearing that shows the deaths of at least two children are related to Canada's non-compliance. It should not take four Tribunal orders and counting to get Canada to treat First Nations children lawfully and equitably."

Professor Sébastien Grammond, one of the lawyers representing the Caring Society, adds, "This is a remarkable decision for First Nations children. Given Canada's lack of compliance with previous orders in this case, the Tribunal had to adopt a proactive approach and be very specific as to what Canada needs to do to implement Jordan's Principle."

Named in memory of Jordan River Anderson, Jordan's Principle is a child-first principle to ensure First Nations children can access government services on the same terms as other children. Today's order comes on the heels of two previous non-compliance orders issued by the Tribunal in April 2016 and September 2016.

About: The First Nations Child and Family Caring Society ("Caring Society") is a national non-profit organization dedicated to the wellbeing of First Nations children and their families.

Background: In January 2016, the Canadian Human Rights Tribunal found that the government's provision of First Nations child welfare services to over 165,000 children created perverse incentives to place First Nations children in foster care and failed to reflect their distinct needs and circumstances. The Tribunal also found Canada's narrow interpretation of Jordan's Principle, a measure to ensure First Nations children can access government services on the same terms as other children, was discriminatory on the basis of race and national ethnic origin. The Tribunal ordered Canada to cease its discriminatory conduct immediately, reform First Nations child welfare programming and implement Jordan's Principle in compliance with the order.

National Chief Perry Bellegarde Says Canada Must Act Now to Protect First Nations Children and Implement Jordan’s Principle

(Ottawa, ON) –Assembly of First Nations (AFN) National Chief Perry Bellegarde calls on the federal government to act immediately on today’s Canadian Human Rights Tribunal ruling to ensure safety, fairness and equity for First Nations children.

“The ruling says simply and clearly that all First Nations children deserve to be treated fairly,” said National Chief Bellegarde. “The Canadian Human Rights Tribunal has echoed what the AFN has been saying since we first filed this complaint more than 10 years ago: First Nations children deserve the same services that are available to all other children. We believe all Canadians support that approach. We should not have to continually go back to the Tribunal to get the government and bureaucracy to comply.”

Today’s ruling by the Tribunal focuses on Canada’s implementation of Jordan’s Principle. Jordan’s Principle, named in memory of Jordan River Anderson, calls on all governments to ensure First Nations children can access government services on the same basis as other children.

The ruling finds that Canada is taking an overly narrow approach to honouring Jordan’s Principle. It states that Jordan’s Principle applies to all First Nations children in need of care, regardless of where they reside. The ruling sets out a number of directives and timelines for Canada to comply with Jordan’s Principle.

“We welcome the clear orders and timelines in the ruling,” said National Chief Bellegarde. “We need immediate action and we will hold Canada to these commitments and continue to work to ensure safety, fairness and equity for our children.”

The ruling follows two previous non-compliance orders issued by the Tribunal in April 2016 and September 2016. The AFN and the First Nations Child and Family Caring Society jointly filed the complaint in February 2007, alleging the provision of First Nations child and family services by the Department of Indian and Northern Affairs was flawed, inequitable and thus discriminatory under the Canadian Human Rights Act.

The AFN is the national organization representing First Nations citizens in Canada. Follow AFN on Twitter @AFN_Updates.